A prenuptial agreement — also called a premarital agreement or prenup — is a written contract signed before marriage that establishes each spouse's property rights and financial obligations in the event of divorce or death. California prenuptial agreements are governed by the Uniform Premarital Agreement Act under Family Code sections 721 et seq.
What a California Prenuptial Agreement Can Cover
A valid California prenup can: designate specific property as separate rather than community; specify how income earned during the marriage is treated; limit or waive spousal support rights; protect pre-marital assets and anticipated inheritances; and establish how property will be divided upon divorce. Prenuptial agreements cannot include provisions affecting child custody or child support, which are always determined by the child's best interests at the time of divorce.
Requirements for a Valid Prenuptial Agreement
California law requires: the agreement must be in writing and signed by both parties; both parties must have at least seven days between receiving the final agreement and signing; both parties should have independent legal counsel; there must be full financial disclosure; and the agreement must not be procured through fraud, duress, or undue influence. A prenup signed the night before the wedding without time for independent review faces serious enforceability challenges.
Postnuptial Agreements
Spouses who did not enter a prenuptial agreement can create a postnuptial agreement after marriage. Postnups face heightened scrutiny because the parties owe each other fiduciary duties as spouses, but properly executed postnuptial agreements are enforceable in California.
Furubotten Law, APC drafts and reviews prenuptial and postnuptial agreements throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary consultation.